Smithtown, NY Hurricane Preparedness: Storm Debris (2026)

L. No. 16-2023, gives the Town of Smithtown a specific legal basis for clearing storm debris after a declared emergency. Section 221-30 activates only after a natural or man-made disaster has been declared a public emergency by an authorized official; before that declaration, the article's special powers do not apply. Once triggered, the Town Emergency Manager or a designee can order removal of debris that poses an immediate threat to life, public health and safety, causes significant damage to improved public or private property, or threatens the Town's economic recovery, consistent with municipal home rule and applicable local, state, and federal law.

The Town's removal authority extends beyond its own rights-of-way: § 221-30C authorizes entry onto public and private roads, rights-of-way, storm drainage easements, and ingress/egress easements within Town limits, including private communities, for purposes ranging from clearing emergency vehicle travel lanes and stormwater conveyance to general response and recovery operations. That reach onto private land is checked by § 221-30D, which requires the Town to obtain a fully executed right-of-entry permit confirming the property owner's consent before entering private property for these purposes, and a copy of that executed permit must be kept on file with both the Public Safety Department and the Town Attorney's office.

The article does not list a separate penalty schedule of its own; it functions as an authorization for Town-directed debris operations after a declared emergency rather than a code the public is separately fined under.